Sweden Probate Records: Difference between revisions

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Back to [[Portal:Sweden|Sweden Portal Page]]►  
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In Sweden, the Act of 1734 made it mandatory to conduct an inventory of the estate of the deceased. This legal proceeding is called in Swedish “''bouppteckning''”. Some inventories were taken prior to 1734 and the practice has continued into modern Sweden.  
In Sweden, the Act of 1734 made it mandatory to conduct an inventory of the estate of the deceased. This legal proceeding is called in Swedish “''bouppteckning''”. Some inventories were taken prior to 1734, especially in cities. The practice has continued into modern Sweden.  


Soon after a death, the heirs assembled at the home of the deceased along with the court-appointed appraisers called “''värderingsmän''” who were experienced in the required procedures and legalities. All household items, as well as personal property of the deceased were recorded and assigned a monetary value so that they could be properly divided between the heirs. The inventory was to be performed within a year of death but it was not uncommon that it would drag out for a year or two. However, most were within 3 months. (In modern Sweden the inventory by law must be performed within three months). At the conclusion of the inventory, the appraisers turned the probate (inventory) over to the court for probate, which took place at the next court session. The dividing of the property was handled in court and a separate document was made for the distribution of the estate. Occcasionally the distribution was added to the end of the inventory, but this was not usually the case.  
Soon after a death, the heirs assembled at the home of the deceased along with the court-appointed appraisers called “''värderingsmän''” who were experienced in the required procedures and legalities. All household items, as well as personal property of the deceased were recorded and assigned a monetary value so that they could be properly divided between the heirs. The inventory was to be performed within a year of death but it was not uncommon that it would drag out for a year or two. However, most were within 3 months. (In modern Sweden the inventory by law must be performed within three months). At the conclusion of the inventory, the appraisers turned the probate (inventory) over to the court for probate, which took place at the next court session. The dividing of the property was handled in court and a separate document was made for the distribution of the estate. Occcasionally the distribution was added to the end of the inventory, but this was not usually the case.  
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*''Hösttinget'' – autumn court (September, October, & November)
*''Hösttinget'' – autumn court (September, October, & November)


Although a probate was obligated with death, often it was made only for the wife or husband which ever died first. Other factors could also decrease the odds of finding a probate such as being unmarried, poverty, youth. Some probates have been lost due to poor storage or the destruction of the records. Odds of finding a probate are increased for married persons, especially if leaving minor children. Also if the person had significant assets and/or a high social status they are more likely to have had a probate. In any event it is always worthwhile to check to see if a probate exists.  
Although a probate was obligated by law with death, often it was made only for the wife or husband which ever died first. Many ''bouppteckningar'' are missing partly because they have been lost due to poor storage or the destruction of the records.  Other factors could also decrease the odds of finding a probate such as poverty or youth.  Odds of finding a probate are increased for married persons, especially if leaving minor children. Also if the person had significant assets and/or a high social status they are more likely to have had a probate. In any event it is always worthwhile to check to see if a probate exists.  


The probate is usually made up of two main parts, the [[Preamble of Swedish Probate (Bouppteckningens ingress)|preamble]] and the list of [[Swedish Probate Inventory|inventory]]. To that may be added a closing statement with the signatures of the heirs or just their initials. Sometimes,  but usually not, the probate record is followed by a record of the division and distribution of the property among the heirs called “''arvskifte''” in Swedish.  
The probate is usually made up of two main parts, the [[Preamble of Swedish Probate (Bouppteckningens ingress)|preamble]] and the list of [[Swedish Probate Inventory|inventory]]. To that may be added a closing statement with the signatures of the heirs (those who were "of age") or just their initials.  


<br>Some '''important insights''' to remember about probates:  
Some '''important insights''' to remember about probates:  


*Male heirs became of age at marriage or if not married, at age 21 years  
*Male heirs became of age at marriage or&nbsp;at age 21 years  
*Females never became of age unless&nbsp;they were widowed.&nbsp;&nbsp;To learn more about becoming of age click&nbsp;[[Becoming|here.<span id="fck_dom_range_temp_1300386902648_502" />]]&nbsp;&nbsp;
*Females never became of age unless&nbsp;they were widowed.&nbsp;&nbsp;To learn more about becoming of age click&nbsp;[[Becoming|here.<span id="fck_dom_range_temp_1300386902648_502" />]]&nbsp;&nbsp;


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*Half of the value of the estate went to the surviving spouse  
*Half of the value of the estate went to the surviving spouse  
*Male heirs received a double portion to the inheritance female heirs received  
*Male heirs received a double portion to the inheritance female heirs received&nbsp;
*A&nbsp;surviving spouse could petition the court for a special status called “''utskifte bo''”, which means that for as long as the widow remained unmarried and had one minor heir in the household, the probate could be held up indefinitely. Note: a stepmother could delay the probate for stepchildren by petitioning for “''utskifte bo''” status


*based upon which spouse predeceased the other, guardians were usually chosen from the paternal side of the deceased according to the following order: grandfather, brother, uncle, male cousin
*Only between 1/4 and 1/3 of the Swedish population was ever probated. There needed to be adequate holdings to justify the holding of a probate inventory
*At the end of the probate document, the following persons normally signed: (a signature infers that each heir is in agreement with the inventory) surviving spouse, sons, sons-in-law, appraisers. Note: Not all of the population of the 1700s and early 1800s could write. Therefore, one of the appraisers may have guided the heir’s hand while he held the pen. Often signatures were simply initials. For example, Jöns Andersson might write his name as J (öns) A (nders) S (on)<br>
*At the end of the probate document, the following persons normally signed: (a signature infers that each heir is in agreement with the inventory) surviving spouse, sons, sons-in-law, appraisers. Note: Not all of the population of the 1700s and early 1800s could write. Therefore, one of the appraisers may have guided the heir’s hand while he held the pen. Often signatures were simply initials. For example, Jöns Andersson might write his name as J (öns) A (nders) S (on)<br>


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=== Other Records Relating to Probates  ===
=== Other Records Relating to Probates  ===


''avhandlingsprotokollen<br>bouppteckningsbevis<br>bouppteckningsprotokollen''''dödsboanmälan<br>''''fattigbevis<br>förmyndarskapsprotokoll<br>inprotokollerat<br>Småprotokollen<br>'''
''avhandlingsprotokollen''<br>''bouppteckningsbevis''<br>''bouppteckningsprotokollen''<br>''dödsboanmälan''<br>''fattigbevis''<br>''förmyndarskapsprotokoll''<br>''inprotokollerat''<br>''Småprotokollen<br>''<br>


=== References  ===
=== References  ===
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